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Frequently Asked Questions
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Enforcement Process
How do I file a complaint?
The FCC accepts complaints electronically, by letter,
email, facsimile or telephone. If possible, your complaint should
include the call sign of the station, the community where the station
is located (city, state), and the date and time of the broadcast. Although not
required, including this information greatly assists the FCC in
processing your complaint quickly and efficiently. Your complaint
should also contain enough detail about the material broadcast that the
FCC can understand the exact words and language used. It is very
helpful if the complaint includes a partial tape or transcript of the
aired material or a significant excerpt.
Please see the link
How to file a Complaint
for more complete information, including
information on FCC web and mailing addresses.
Do I need to provide a tape or transcript of the program?
No, a tape
or transcript is not required. However, the FCC's
determination as to whether material is indecent, profane, or
potentially obscene rests upon its context. Your submission of a tape
or transcript assists us in determining context, but an excerpt or
description of the material may also be
sufficient. FCC staff will usually send a letter of inquiry to the
station if the complaint indicates that the program may be obscene,
indecent or profane. At that stage of the investigation, the FCC
usually requests a tape and transcript from the station.
What happens to my complaint once it is filed?
The
Complaint Process
Flow Chart
link provides a general description of how the
FCC processes complaints.
Once a complaint is filed, FCC staff scan or
otherwise record it in a database. The complaint is then forwarded to
the staff responsible for initial review.
A station licensee may receive a letter of inquiry from
the FCC requesting the information necessary to complete the
investigation. At any stage of the investigation, if the FCC concludes
that we need more information to process your complaint, or that the
material is not obscene, indecent or profane, we will notify you by
letter. If the FCC determines the material is indecent or profane, we
will take further action, including possibly imposing monetary
penalties. If the FCC determines the material is arguably obscene, we
will refer the matter to the Department of Justice. The Department of
Justice has authority to
bring criminal prosecutions for
the broadcast of obscene, indecent, or profane material.
If convicted in a federal district court, violators may be subject to
criminal fines and/or imprisonmant.
How do I determine the status of my complaint?
You can ensure you remain apprised of the status of your complaint by
sending a copy of your FCC complaint to the station that broadcast the
material that you find offensive and by informing us you have done so. In
doing this, you become a party to the investigation and all other parties to
the investigation, including the FCC and the station licensee, must send you
copies of all written communications between them, including any FCC letters
of inquiry and licensee responses. You can also check on the status of your
complaint by calling (202) 418-1420. You will be notified of the outcome of
the FCC's investigation of your complaint via letter or by public order
imposing a monetary sanction.
How long will it take for the FCC to act on my complaint?
The FCC has
numerous staff persons in the
Consumer & Governmental Affairs Bureau
and the
Enforcement Bureau
processing,
reviewing, and investigating allegations of obscenity, indecency,
and/or profanity. The FCC addresses these allegations as quickly as
possible, striving to address every complaint within 9 months of its
receipt. However, because each case is different, we can't tell you
how long it will take to resolve a particular complaint.
Will I be notified once the FCC has made a decision on my complaint?
You will be notified of the FCC's decision on your complaint, either by
letter or email, or by public order. Because each case is different,
it is hard to predict exactly how long it will take for the agency to
reach a decision. We take all complaints seriously, and act on them as
quickly as possible. We strive to address every complaint within 9
months of its receipt.
The Law
What are the statutes and rules regarding the broadcast of obscene,
indecent, and profane programming?
Title 18 of the United States Code,
Section 1464, prohibits the utterance of any obscene, indecent or
profane language by means of radio communication.
Consistent with a
subsequent statute and court case, the Commission's rules prohibit the
broadcast of indecent material during the period of 6 a.m. and 10 p.m.
FCC decisions also prohibit the broadcast of profane material between 6
a.m. and 10 p.m. Civil enforcement of these requirements rests with
the FCC, and is an important part of the FCC's overall
responsibilities. At the same time, the FCC must be mindful of the
First Amendment to the United States Constitution and Section 326 of
the Communications Act, which prohibit the FCC from censoring program
material, or interfering with broadcasters' free speech rights.
What makes material obscene?
Obscene speech is not protected by
the First Amendment and broadcasters are prohibited, by statute and
regulation, from airing obscene programming at any time. According to
the U.S. Supreme Court, to be obscene, material must meet a three-prong
test: (1) an average person, applying contemporary community standards,
must find that the material, as a whole, appeals to the prurient
interest (i.e., material having a tendency to excite lustful thoughts);
(2) the material must depict or describe, in a patently offensive way,
sexual conduct specifically defined by applicable law; and (3) the
material, taken as a whole, must lack serious literary, artistic,
political, or scientific value.
The Supreme Court has indicated that this test is designed to
cover hard-core pornography.
What makes material indecent?
Indecent material contains sexual or
excretory material that does not rise to the level of obscenity. For
this reason, the courts have held that indecent material is protected
by the First Amendment and cannot be banned entirely. It may, however,
be restricted to avoid its broadcast during times of the day when there
is a reasonable risk that children may be in the audience. The FCC has
determined, with the approval of the courts, that there is a reasonable
risk that children will be in the audience from 6 a.m. to 10 p.m.,
local time. Therefore, the FCC prohibits station licensees from
broadcasting indecent material during that period.
Material is indecent if, in context, it depicts or describes sexual or
excretory organs or activities in terms patently offensive as measured
by contemporary community standards for the broadcast medium. In each
case, the FCC must determine whether the material describes or depicts
sexual or excretory organs or activities and, if so, whether the
material is patently offensive.
In our assessment of whether material is patently offensive,
context is critical. The FCC looks at three primary factors when
analyzing broadcast material: (1) whether the description or depiction
is explicit or graphic; (2) whether the material dwells on or repeats
at length descriptions or depictions of sexual or excretory organs; and
(3) whether the material appears to pander or is used to titillate or
shock. No single factor is determinative. The FCC weighs and balances
these factors because each case presents its own mix of these, and
possibly other, factors.
What makes material profane?
Profane language
includes those words that are so highly offensive that their mere utterance
in the context presented may,
in legal terms,
amount to a nuisance.
In its
Golden Globe Awards Order
the FCC warned
broadcasters that, depending on the context, it would consider the
F-Word and those words (or variants thereof) that are as highly
offensive as the F-Word
to be profane language that cannot be
broadcast between 6 a.m. and 10 p.m.
What is the safe harbor?
The safe harbor refers to the time
period between 10 p.m. and 6 a.m., local time. During this time
period, a station may air indecent and/or profane material. In
contrast, there is no safe harbor for the broadcast of obscene
material. Obscene material is entitled to no First Amendment
protection, and may not be broadcast at any time.
Are there certain words that are always unlawful?
No. Offensive words
may be profane and/or indecent depending on the context. In the
Golden Globe Awards Order,
the FCC stated that it would address
the legality of broadcast language on a case-by-case basis. Depending
on the context presented, use of the F-Word or other words as
highly offensive as the F-Word may be both indecent and profane,
if aired between 6 a.m. and 10 p.m.
Does the FCC monitor particular radio or television programs?
The
First Amendment to the U.S. Constitution and Section 326 of the
Communications Act prohibit the FCC from censoring broadcasters. The
FCC does not, therefore, monitor particular programs or particular
performers, but rather enforces the prohibition on obscenity, indecency and
profanity in response to complaints.
Does the FCC regulate violence on television?
The FCC does not
currently regulate the broadcast of violent programming. On July 28,
2004, however, the FCC opened an inquiry into violent programming and
its effect on children.
The FCC has received public comments and
opinions from many segments of the public. The FCC will publish and
make available the report resolving the inquiry on the FCC website.
Do the FCC's rules apply to cable and satellite programming?
In the past, the FCC has enforced the indecency and profanity
prohibitions only against conventional broadcast services, not against
subscription programming services such as cable and satellite.
However, the prohibition against obscene programming applies to
subscription programming services at all times.
FCC Actions And Statistics
What monetary sanctions has the FCC imposed for violation of its
indecency, profanity, and obscenity restrictions?
The base monetary
sanction for violation of the FCC's indecency, profanity, and/or
obscenity restrictions is $7,000 per violation. The FCC may adjust this
monetary sanction upwards, up to a current statutory maximum of $32,500
per violation, based on such factors as the nature, circumstances,
extent and gravity of the violation, and, with respect to the violator,
the degree of culpability, any history of prior offenses, ability to
pay, and such other matters as justice may require.
During 2004, the FCC imposed monetary sanctions for indecency
violations up to $1,183,000, for an aggregate annual total of
$3,658,000. In addition, some entities chose to settle claims against
them and made voluntary payments to the U.S. Treasury, totaling
$7,928,080 in 2004.
How many complaints has the FCC received about obscene, indecent, or
profane programming?
The
Complaint And Enforcement Statistics
link to the left provides
not only the previous month's
count of the complaints received for the current year, but also lists
the total number of complaints received by the FCC since 2000. The
chart also identifies the number of programs cited by those complaints
and categorizes those programs by service -- broadcast television,
broadcast radio, and cable/satellite. Finally, the chart provides
information about the number and status of the forfeiture proceedings
initiated by the Commission for each year since 1993.
What is a Notice of Apparent Liability for Forfeiture?
Any person or
entity that the FCC determines has willfully or repeatedly violated the
indecency, obscenity and/or profanity prohibitions is potentially
liable for a forfeiture penalty, which is a monetary sanction paid to
the United States Treasury. To impose such a penalty, the FCC must
first issue a Notice of Apparent Liability for Forfeiture containing
the FCC's preliminary findings and the amount of the proposed
forfeiture. That decision contains the Commission's findings that,
based on a preponderance of the evidence, the person or entity at issue
has apparently violated the indecency, obscenity, and/or profanity
prohibitions. The person or entity against which the penalty is
proposed then may respond, in writing, and explain why no such
forfeiture penalty should be imposed. The Commission will then issue a
forfeiture order formally imposing the monetary sanction if it finds,
by a preponderance of the evidence, that the person or entity has
violated the indecency, obscenity or profanity prohibitions.
TV Ratings and Channel Blocking
Can I block programming that offends me or my family?
Yes. FCC rules
require all televisions 13 inches or larger to include the technology
allowing you to block unwanted programming.
Please see the
TV Ratings and Channel Blocking
link on the left for further
information.
What is the V-chip?
The V-chip is a technology built into your
television set that allows you to block television programming you
don't want your children to watch. Most television shows now include a
rating, as established by the broadcast or cable industry. The rating
appears in the corner of your television screen during the first 15
seconds of a program and in TV programming guides. This rating is
encoded into the programs; the V-chip technology reads the encoded
information and blocks shows accordingly. Using the remote control,
parents can program the V-chip to block certain shows based on their
ratings. If you lose your remote control/device or need help
programming the V-chip, contact the manufacturer of your television set
for a replacement or operating instructions.
The FCC requires all new television sets manufactured on or after
January 1, 2000, that are 13 inches or larger to contain the V-chip
technology. You can usually tell whether your television has a V-chip
by looking at the packaging, including the owner's manual. If you no
longer have these materials, the V-chip option usually appears as part
of the television's menu if the set is equipped with this technology.
If you want the V-chip function but your television set does not have
it, you can get a set-top box, which works the same as a set with a
built-in V-chip. Personal computers that include a television tuner and
a monitor of 13 inches or greater are also required to include the
V-chip technology. For complete information on the V-chip and other
methods of preventing your children from viewing offensive material,
see the
TV Ratings and Channel Blocking
link on the
left.
What do the television ratings mean?
Ratings appear in the corner of
your television screen during the first 15 seconds of each television
program. The ratings are also included in many magazines that give TV
ratings and in the television listings of many newspapers. All
television programming is rated except news, sports, and unedited
movies on premium cable channels. For more information on how you can
control what your children view,
please see the
TV Ratings and Channel Blocking
link on the left. Programs receive one
of the following six possible ratings:
-
TV-Y, (All Children) found only in children's shows, means
that the show is appropriate for all children;
-
TV-7, (Directed to Older Children) found only in children's
shows, means that the show is most appropriate for children age 7 and
up;
-
TV-G (General Audience) means that the show is suitable for
all ages but is not necessarily a children's show;
-
TV-PG (Parental Guidance Suggested) means that parental
guidance is suggested and that the show may be unsuitable for younger
children (this rating may also include a V for violence, S for sexual
situations, L for language, or D for suggestive dialog);
-
TV-14 (Parents Strongly Cautioned) means that the show may be
unsuitable for children under 14 (V, S, L, or D may accompany a rating
of TV-14); and
-
TV-MA (Mature Audience Only) means that the show is for
mature audiences only and may be unsuitable for children under 17 (V,
S, L, or D may accompany a rating of TV-MA).
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